For Sextus Roscius of Ameria (81-85)

Shall those men then, who at that time used to run about armed night and day, who spent all their time in rapine and murder, object to Sextus Roscius the bitterness and iniquity of that time? and will they think that troops of assassins, among whom they themselves were leaders and chiefs, can be made a ground of accusation against him? who not only was not at Rome, but who was utterly ignorant of everything that was being done at Rome, because he was continually in the country, as you yourself admit.

I fear that I may be wearisome to you, O judges, or that I may seem to distrust your capacity, if I dwell longer on matters which are so evident. The whole accusation of Erucius, as I think, is at an end; unless perhaps you expect me to refute the charges which he has brought against us of peculation and of other imaginary crimes of that sort; charges unheard of by us before this time, and quite novel; which he appeared to me to be spouting out of some other speech which he was composing against some other criminal; so wholly were they unconnected with either the crime of parricide, or the man who is now on his trial. But as he accuses us of these things with his bare word, it is sufficient to deny them with our bare word. If there is any point which he is keeping back to prove by witnesses, there also, as in this cause, he shall find us more ready than he expected.

I come now to that point to which my desire does not lead me, but good faith towards my client. For if I wished to accuse men, I should accuse those men rather by accusing whom I might become more important, which I have determined not to do, as long as the alternatives of accusing and defending are both open to me. For that man appears to me the most honourable who arrives at a higher rank by his own virtue, not he who rises by the distress and misfortunes of another. Let us cease for awhile to examine into these matters which are unimportant; let us inquire where the guilt is, and where it can be detected. By this time you will understand, O Erucius, by how many suspicious circumstances a real crime must be proved, although I shall not mention every thing, and shall touch on every thing slightly. And I would not do even that if it were not necessary, and it shall be a sign that I am doing it against my will, that I will not pursue the point further than the safety of Roscius and my own good faith requires.

You found no motive in Sextus Roscius; but I do find one in Titus Roscius For I have to do with you now, O Titus Roscius, since you are sitting there and openly professing yourself an enemy. We shall see about Capito afterwards, if he comes forward as a witness as I hear he is ready to do then he shall hear of other victories of his, which he does not suspect that I ever even heard. That Lucius Cassius, whom the Roman people used to consider a most impartial and able judge, used constantly to ask at trials, “to whom it had been any advantage?” The life of men is so directed that no one attempts to proceed to crime without some hope of advantage.

Those who were about to be tried avoided and dreaded him as an investigator and a judge; because, although he was afraid of truth, he yet seemed not so much inclined by nature to mercy, as drawn by circumstances to severity. I, although a man is presiding at this trial who is both brave against audacity, and very merciful to innocence, would yet willingly suffer myself to speak in behalf of Sextus Roscius either before that very acute judge himself, or before other judges like him, whose very name those who have to stand a trial shudder at even now.